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TRAVELERS INDEMNITY CO. v. VACCARI

No. 45981.

245 N.W.2d 844 (1976)

TRAVELERS INDEMNITY COMPANY, Respondent, v. Michael VACCARI, Defendant, Dairyland Insurance Company, Appellant.

Supreme Court of Minnesota.

August 20, 1976.

Attorney(s) appearing for the Case

Jerome E. Kline, Bloomington, for appellant.

Richards, Montgomery, Cobb & Bassford and Greer E. Lockhart and James B. Proman, Minneapolis, for respondent.

Heard before ROGOSHESKE, MacLAUGHLIN and MARSDEN, JJ., and considered and decided by the court en banc.

MacLAUGHLIN, Justice.

This is a subrogation action by plaintiff-insurer, The Travelers Indemnity Company, against Michael Vaccari and his liability insurer, Dairyland Insurance Company, to recover medical payments made by Travelers to its insured. The trial court concluded that a release obtained from Travelers' insured by Vaccari and Dairyland did not extinguish Travelers' subrogation rights since the release was obtained subsequent to their notice of Travelers'...

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